As previously communicated in our Client Alert 17, the Mexican Tax Administration Service ("Tax Authority") has finally enabled the software to be utilized by maquiladora and Shelter companies to file the Informative Return of Maquila Operations and Exportation of Services ("DIEMSE") correspondent to fiscal year 2014.
Originally, the filing term for the DIEMSE 2014 was from February 15 to March 15, 2016. However, due to its novelty and the uncertainty raised in the maquiladora industry towards specific aspects of DIEMSE 2014, the Tax Authority has granted an extension of the deadline to file the DIEMSE for 2014 through a draft of the First Amendment to the Miscellaneous Tax Rules for 2016 ("Tax Rules").
In this regard, on March 10, 2015, the Tax Authority published in its website a draft of the First Modification to the Tax Miscellaneous Rules for 2016, by which the DIEMSE 2014 would be due no latter than April 15, 2016. Bear in mind that the extended deadline may be argued under the terms of rule 1.8 of the Tax Rules. Although, it will not be official until its publication in the Federal Official Gazette.
If you want to review the Spanish version of the First Amendment to the Tax Rules you can click here.
Moreover, we understand that the Tax Authority is drafting a filing manual of DIEMSE 2014, which should give greater details about the utilization of the filing software. We will be expectant of any additional news and information from the Tax Authorities in this respect.
It is of the outmost importance to review the information required by DIEMSE 2014, given that its adequate filing entitles companies to continue applying certain maquiladora benefits, such as the exemption of the foreign principal from causing a permanent establishment in Mexico, the additional deduction of 47% of fringe benefits to employees and the relief of filing the letter informing the Tax Authority about the taxable profit assessed by following the methodology resulting from the application of Sections I and II of Article 182 of the ITL.